Coatesville Wrongful Death Lawyer

Losing a loved one due to negligence is one of the most painful experiences a family can endure. At Kingbird Legal, our compassionate wrongful death lawyers in Coatesville are committed to seeking justice for grieving families. We will fight to hold the responsible parties accountable and secure compensation to ease your financial burden during this difficult time. Contact us at 484-289-4880 for a free consultation, and let us help you find closure.

Understanding Wrongful Death Claims in Pennsylvania

Losing a loved one is an emotionally devastating experience, and when the death is caused by someone else’s negligence or wrongful actions, the pain can be even more profound. In Pennsylvania, surviving family members may have the right to pursue a wrongful death claim to hold the responsible parties accountable and seek compensation for their loss. If you’ve lost someone due to the negligence or wrongful conduct of another, understanding what a wrongful death claim is and how it works can help you navigate this difficult process.

A wrongful death claim is a civil lawsuit filed by the family or estate of a person who has died as a result of someone else’s wrongful actions. These claims can be filed for a variety of situations, such as car accidents, medical malpractice, defective products, or workplace accidents. In Pennsylvania, the law allows for compensation to be sought for both financial losses and emotional distress, providing some relief during a time of grief.

What Is a Wrongful Death Claim?

In Pennsylvania, a wrongful death claim is a legal action that seeks compensation for the family members of someone who has died due to the negligent, reckless, or intentional actions of another party. A wrongful death claim can be filed against individuals, companies, or other entities whose actions directly contributed to the death of the person.

The claim is designed to provide financial relief for the survivors who have suffered as a result of the loss. It is separate from a criminal case, meaning that even if the responsible party is acquitted of criminal charges, a wrongful death claim can still be pursued.

Who Can File a Wrongful Death Claim?

In Pennsylvania, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. This person is usually someone named in the deceased’s will or an individual appointed by the court. The personal representative is responsible for initiating the legal process on behalf of the surviving family members and the estate.

The surviving family members who may be entitled to compensation include:

Spouse: A surviving spouse is typically one of the primary beneficiaries of a wrongful death claim.
Children: If there is no surviving spouse, or in addition to a spouse, children of the deceased are eligible to receive compensation.
Parents: If the deceased person has no spouse or children, the parents may be able to file a claim.
Siblings or Other Relatives: In some cases, if there are no immediate family members, other relatives may be able to pursue a claim.

The compensation awarded from a wrongful death claim is meant to benefit the surviving family members. It is not intended to punish the responsible party but to help ease the financial burden caused by the death.

What Are the Grounds for a Wrongful Death Claim?

A wrongful death claim can arise from various circumstances, but the key factor is that the death must have been caused by another party’s wrongful actions. Some common grounds for wrongful death claims in Pennsylvania include:

Motor Vehicle Accidents: Car crashes, truck accidents, and motorcycle accidents are some of the most common causes of wrongful death. Negligence such as distracted driving, speeding, or driving under the influence can lead to fatal accidents.
Medical Malpractice: If a healthcare provider fails to provide the appropriate standard of care, and this leads to a patient’s death, the deceased’s family may have grounds for a wrongful death claim. Examples include surgical errors, misdiagnosis, or medication mistakes.
Workplace Accidents: In some cases, workplace accidents, such as falls, heavy machinery accidents, or unsafe working conditions, can lead to fatal injuries. If an employer’s negligence or unsafe practices were a factor in the death, a wrongful death claim may be filed.
Product Liability: If a defective product causes someone’s death, the manufacturer, distributor, or seller may be held responsible. This could involve faulty automobiles, dangerous household appliances, or harmful drugs.
Premises Liability: Property owners can be held liable for accidents that occur on their premises, such as slip and falls, inadequate security leading to violence, or unsafe building conditions.
Criminal Acts: In cases where the death was caused by a criminal act (such as assault or murder), the family may pursue a wrongful death claim even if the responsible party is also facing criminal charges.

What Damages Can Be Awarded in a Wrongful Death Claim?

The damages awarded in a wrongful death case can vary depending on the specific circumstances of the death and the financial impact on the surviving family members. In Pennsylvania, the following types of damages may be pursued:

Funeral and Burial Expenses: The cost of funeral arrangements and burial can be significant. A wrongful death claim can help cover these costs, which are often an immediate financial burden on the family.
Loss of Financial Support: If the deceased was the primary breadwinner, the family may be entitled to compensation for the loss of income. This includes past wages as well as the future earnings that the deceased would have likely earned.
Loss of Companionship: The emotional distress caused by the death of a loved one is immeasurable. Compensation may be awarded for the loss of the deceased person’s love, care, and companionship, particularly for a surviving spouse or children.
Pain and Suffering: In some cases, damages may be awarded for the pain and suffering the deceased experienced before passing. This could include medical treatment for injuries or emotional trauma caused by the wrongful actions.
Punitive Damages: In rare cases, where the defendant’s actions were especially reckless or intentional, punitive damages may be awarded. These damages are meant to punish the responsible party and deter others from engaging in similar conduct.

How Long Do You Have to File a Wrongful Death Claim in Pennsylvania?

In Pennsylvania, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means that you must file your lawsuit within two years, or you risk losing your right to seek compensation.

It’s important to note that the two-year period begins on the date of death, not the date of the accident. If the cause of death is not immediately known, such as in cases of medical malpractice, the “discovery rule” may apply, and the statute of limitations may not begin until the family learns or should have reasonably learned of the cause of death.

Because the statute of limitations is strict, it’s important to consult with an attorney as soon as possible after a wrongful death occurs. This will allow time for an investigation into the circumstances of the death and the preparation of a strong case.

How to Pursue a Claim

If you are considering filing a wrongful death claim in Pennsylvania, there are several steps you’ll need to take:

Contact an Attorney: A wrongful death attorney with experience in Pennsylvania law will help guide you through the legal process. They will assess your case, determine who is responsible for the death, and help you understand your legal options.
Gather Evidence: The attorney will help you collect evidence, including medical records, accident reports, and witness statements, to support your claim.
File the Claim: Your attorney will file the necessary paperwork with the court, initiating the wrongful death lawsuit. This must be done before the statute of limitations expires.
Negotiate a Settlement or Go to Trial: Often, wrongful death claims are settled outside of court. However, if the responsible party is unwilling to offer a fair settlement, your attorney may recommend going to trial.

Find Closure with a Wrongful Death Attorney

A wrongful death claim in Pennsylvania offers the surviving family members an opportunity to hold those responsible for a loved one’s death accountable. While no amount of compensation can replace the loss of a loved one, it can help ease the financial burdens and provide some measure of justice. Kingbird Legal’s compassionate wrongful death attorneys in Coatesville are here to support you and fight for the compensation your family deserves. Call 484-289-4880 today for a free consultation, and let us help you through this difficult time.